Lyerly v. Malpass

PARKER, Judge.

When the trial court sits as the trier of fact without a jury, Rule 52(a) of the N.C. Rules of Civil Procedure requires the court to “find the facts specially and state separately its conclusions of law thereon . . . .” The appellate courts are bound by the trial courts’ findings of fact so long as there is some evidence to support those findings, even though the evidence could sustain findings to the contrary. In re Montgomery, 311 N.C. 101, 316 S.E. 2d 246 (1984). The trial judge weighs the evidence, passes upon the credibility of witnesses and the weight to be given their…